The purpose of this notification is to inform providers and consumer directed services (CDS) employers in the programs or services listed below of two U.S. District Court decisions regarding the amended U.S. Department of Labor (DOL) regulations known as the "Home Care Final Rule." The amended regulations made changes regarding the companionship services exemption in the Fair Labor Standards Act and were to go into effect on January 1, 2015.

Financial Management Services (also called CDS);
Medically Dependent Children Program;
Primary Home Care, Community Attendant Services, and Family Care;
Consumer Managed Personal Attendant Services;
Community Living Assistance and Support Services;
Deaf Blind with Multiple Disabilities;
Home and Community-based Services; and
Texas Home Living.

On December 22, 2014, U.S. District Court Judge Richard Leon issued an opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), vacating the third party regulation amended by the Home Care Final Rule. To view the decision, see: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-21

For information about these district court decisions, please see the following DOL website at http://www.dol.gov/whd/homecare/; call DOL’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243), available 8am to 5pm in your time zone; or consult your legal counsel.

The DOL may appeal the district court’s decision. DADS will provide updates as information becomes available.

HCS and TxHmL providers are invited to participate in a webinar on Friday, February 6, 2015 from 1:30 p.m.-3:00 p.m. (CST). This webinar will provide an overview of Community First Choice which will be effective March 1, 2015. Space is limited, so providers are encouraged to register as soon as possible at: https://www1.gotomeeting.com/register/490240320.

Texas Health and Human Services Commission (HHSC) staff and Medicaid managed care organization representatives will conduct free provider training sessions to offer information on and respond to questions about the following three Medicaid managed care initiatives that HHSC will implement March 1, 2015:

the inclusion of nursing facility services in STAR+PLUS managed care program

CFC will be implemented in the STAR+PLUS and STAR Health programs, and the Dual Demonstration and nursing facility project will impact the STAR+PLUS program.

These provider trainings will be held across the state to educate providers that currently serve or that will begin to serve individuals in STAR+PLUS or STAR Health about what changes to expect. This training session will be divided into three portions. The CFC session will be directed towards providers who have or will have a contract with a managed care organization and will be delivering CFC services. The Dual Demonstration session will be directed towards providers of Medicare and Medicaid services. The nursing facility session will be directed towards nursing facilities and providers who serve nursing facility residents.

A new field, Periodic Review Date, has been added to CARE Screen C63. The Periodic Review Date is the due date for a Medicaid recipient’s annual redetermination.

People enrolled in HCS and TxHmL who don’t receive SSI will get a redetermination packet from the Texas Health and Human Services Commission (HHSC) about 90 days before their periodic review date. They will be given a limited amount of time to complete and return the packet to HHSC. Failure to return the packet may result in loss of Medicaid benefits.

Providers and local authorities are encouraged to monitor this date in CARE and help people who are enrolled in their program, or their authorized representative, complete and return the packet on time. Denial of Medicaid benefits may result in termination of waiver program services and non-payment to the provider for services rendered.

The purpose of this notification is to inform providers in the following programs or services that amended U.S. Department of Labor (DOL) regulations will go into effect on January 1, 2015.

Medically Dependent Children Program;
Primary Home Care, Community Attendant Services, and Family Care;
Consumer Managed Personal Attendant Services;
Community Living Assistance and Support Services;
Deaf Blind with Multiple Disabilities;
Home and Community-based Services; and
Texas Home Living.

The amended regulations prohibit third party employers (which includes private entities) of domestic service employees, from claiming the companionship services exemption or the live-in domestic service employee exemption to the Fair Labor Standards Act. The regulations may be found at 29 CFR Part 552. Consequently, effective January 1, 2015, the regulations require you to pay at least the federal minimum wage and overtime pay to your domestic service employees, regardless of the employees’ duties.

For information about the amended DOL regulations, including DOL Fact Sheets, please see the following DOL website: http://www.dol.gov/whd/homecare/; call DOL’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243), available 8am to 5pm in your time zone; or consult your legal counsel.

DADS rescinds this bulletin per the DADS Bulletin dated January 20, 2015.